S T A T E   O F   N E W   Y O R K
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                                         1657
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by  M.  of A. ZEBROWSKI, TITONE -- read once and referred to
         the Committee on Environmental Conservation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         decreasing  the amount of alcohol in a person's system necessary to be
         considered to be intoxicated while hunting
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  2  of  section  11-1201 of the environmental
    2  conservation law, as added by chapter  726  of  the  laws  of  1977,  is
    3  amended to read as follows:
    4    2. "Intoxicated condition" shall mean the presence of [.10] .08 of one
    5  per  centum or more by weight of alcohol in a person's blood as shown by
    6  chemical analyses of his blood, breath, urine, or saliva  made  pursuant
    7  to  section  11-1205 of this title. An "impaired condition" shall mean a
    8  state of impairment of a person's capacity to think or act correctly, or
    9  of a loss, even in part of a person's control of his physical or  mental
   10  faculties due to his consumption of alcohol or use of a drug.
   11    S  2.  Section 11-1207 of the environmental conservation law, as added
   12  by chapter 726 of the laws of 1977, is amended to read as follows:
   13  S 11-1207. Evidence admitted in court.
   14    Upon the trial of any action or  proceeding  arising  out  of  conduct
   15  alleged to have been committed by any person arrested for a violation of
   16  any  subdivision of section 11-1203 of this title, the court shall admit
   17  evidence of the amount of alcohol or drugs in the defendant's  blood  as
   18  shown  by  a  test  administered  pursuant  to the provisions of section
   19  11-1205 of this title. Evidence that there was  five-hundredths  of  one
   20  per  centum or less by weight of alcohol in such person's blood is prima
   21  facie evidence that the ability of such  person  to  engage  in  hunting
   22  without  creating  unreasonable  risk  of  injury or death to himself or
   23  other human life  was  not  impaired  by  the  consumption  of  alcohol.
   24  Evidence  that  there  was less than [one-tenth] EIGHT ONE-HUNDREDTHS of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02939-01-5
       A. 1657                             2
    1  one per centum by weight of alcohol in  such  person's  blood  is  prima
    2  facie evidence only that such person was not in an intoxicated condition
    3  due to the consumption of alcohol.
    4    S  3.    This  act  shall  take  effect on the first of September next
    5  succeeding the date on which it shall have become law.